Understanding the progression of a felony criminal case in Ohio requires deep familiarity with multiple procedural stages, each carrying its own strategic considerations and constitutional protections. This overview examines the key phases defendants and their counsel navigate from arrest through final disposition.

Initial Arrest and Booking

The felony process typically begins with an arrest, either pursuant to a warrant or based on probable cause. During booking, law enforcement collects identifying information, takes photographs and fingerprints, and conducts searches. This critical early stage often yields important evidence that may later become the subject of suppression motions.

Initial Appearance and Bond

Within 48 hours of arrest, defendants appear before a judge for their initial appearance. The court advises them of their rights, including the right to counsel, and addresses bond. Ohio courts consider multiple factors when setting bond, including the nature of the charges, criminal history, community ties, and flight risk. Creative bond arguments incorporating specific release conditions can help secure pretrial release.

Preliminary Hearing

Unless waived, preliminary hearings must occur within 10 days if the defendant is in custody or 15 days if released on bond. The prosecution must establish probable cause through witness testimony. This hearing provides a valuable opportunity to cross-examine key witnesses and gather early discovery. Strategic considerations often influence whether to proceed with or waive the preliminary hearing.

Grand Jury and Indictment

The prosecutor presents evidence to a grand jury of nine members, who determine whether probable cause exists to issue an indictment. Unlike preliminary hearings, grand jury proceedings are secret and defense counsel cannot participate. The grand jury may return a true bill (indictment), no bill, or refer the case for misdemeanor prosecution.

Arraignment

Following indictment, defendants appear for arraignment in common pleas court. The court reads the charges and accepts a plea. Most defendants enter initial not guilty pleas to preserve their rights while defense counsel investigates the case and engages in plea negotiations.

Discovery and Pretrial Motions

Criminal Rule 16 governs the exchange of discovery. Defense counsel should promptly file demands for discovery and bill of particulars. Common pretrial motions include motions to suppress evidence, motions to dismiss, motions in limine regarding evidence, and motions to sever charges or defendants. Motion practice often shapes the trajectory of the case.

Plea Negotiations

Most felony cases resolve through negotiated pleas. Effective plea negotiations require thorough knowledge of sentencing guidelines, collateral consequences, and alternative sentencing options. Early intervention in appropriate cases may secure admission to diversion programs or treatment courts.

Trial

Cases proceeding to trial may be tried to a judge or jury. Jury trials begin with voir dire, followed by opening statements, presentation of evidence, closing arguments, and jury instructions. Careful attention to preservation of issues for appeal remains critical throughout trial.

Sentencing

If convicted, defendants face sentencing according to Ohio's felony sentencing framework. The court must make specific findings to impose consecutive sentences or maximum terms. Skilled advocacy at sentencing involves presenting mitigation evidence, securing favorable expert reports, and proposing detailed supervision plans when appropriate.

Appeals

Appeals must be filed within 30 days of the final order. Common appellate issues include sufficiency and manifest weight of evidence, sentencing errors, and constitutional violations. Post-conviction petitions asserting claims outside the trial record may be filed within one year of the appeal deadline.

This overview highlights major stages in Ohio felony cases, though specific cases may involve additional proceedings based on their unique circumstances. Success requires meticulous attention to procedural rules, constitutional protections, and strategic opportunities at each phase.

Ohio Criminal Defense Attorneys